Independent Review Office of the Police Oversight Commission Revised.Annual... · investigators or...

1 ANNUAL REPORT 2013 | INDEPENDENT REVIEW OFFICE

CITY OF ALBUQUERQUE Richard J. Berry

Mayor

Robert J. Perry

Chief Administrative Officer

Independent

Review Office of the

Police Oversight

Commission 2013 Annual Report

Robin S. Hammer Independent Review Officer

David M. Cameron

POC Chair

Jonathan Siegel

POC Vice Chair

Independent Review Office 600 2nd NW Room 813 Albuquerque NM 87102

P.O. Box 1293 Albuquerque NM 87103 Phone: (505) 924-3770 Fax: (505) 924-3775

www.cabq.gov/iro

Mission Statement

The mission of the Independent Review Office and the Police

Oversight Commission (POC) is to provide a means for prompt,

impartial, and fair investigation of all citizen complaints brought by

individuals against the Albuquerque Police Department (APD) and

to provide for community participation in setting and reviewing

police department policies, practices, and procedures.

INCLUDED IN THIS REPORT:

INDEPENDENT REVIEW OFFICE About the IRO and

the duties of the IRO

EXECUTIVE SUMMARY IRO Robin S. Hammer

addresses training, policy changes, her investigative

findings, and recommendations made to the POC

POLICE OVERSIGHT COMMISSION OVERVIEW

Information concerning commissioners, their duties, and

subcommittees created

OFFICER-INVOLVED SHOOTINGS Summaries of

Officer-Involved Shootings cases which the IRO presented to the

POC, as well as police shootings which occurred in 2013

DATA /STATISTICAL HIGHLIGHTS Available

information extracted from CIRUS database for cases

received and investigated by the IRO

http://www.cabq.gov/iro


TABLE OF CONTENTS

I. Independent Review Office (IRO) ...........................................................................3 A. Staff ...................................................................................................................................................3

B. IRO Duties and Responsibilities ........................................................................................................3

C. IRO Biography ...................................................................................................................................4

D. IRO Community Outreach ................................................................................................................4

E. IRO Robin S. Hammer's Executive Summary ..................................................................................5

II. Police Oversight Commission (POC) .....................................................................9 A. Members…....…………………………………............ ....................................................................9

B. POC Trainings…....…………………………………............ .........................................................12

C. POC Meetings…....…………………………………............ ..........................................................13

D. POC Long-Term Planning Committee…....………………............ ................................................13

E. POC Outreach Committee…....…………………………............ ...................................................14

F. POC Chairman David Cameron’s Perspective ................................................................... 15

III. Officer-Involved Shootings (OIS) ....................................................................... 17 A. OIS which the IRO Reviewed and Made Findings in 2013…....………………………………....17

B. OIS which Occurred in 2013…....…………………………………............ ...................................23

IV. Citizen Police Complaints (CPC) ........................................................................ 24 A. CPC Investigation and Review Procedure…....…………………………………............ ..............24

B. CPC 2013 Data and Statistics…....…………………………………............ ..................................26

C. IRO Findings and Dispositions Made in CPCs…....…………………………………............ .......42

D. CPC Appeals…....…………………………………............ ...........................................................56

V. Albuquerque Police Department .......................................................................... 57 A. Discipline Imposed…....…………………………………............ ..................................................57

B. Reports of APD Jobs Well Done…....…………………………………............ .............................58

VI. Overview of Data .................................................................................................. 59


I. INDEPENDENT REVIEW OFFICE

IRO STAFF

ROBIN S. HAMMER, Esq.

Independent Review Officer

Paul A. Skotchdopole

Independent Review Office Assistant Lead

Investigator

Chris Davidson

Independent Review Office Investigator

Diane L. McDermott

Independent Review Office Investigator

Chearie J. Alipat

Independent Review Office Analyst

Francisca M. Garcia

Independent Review Office

Executive Administrative Assistant

INDEPENDENT REVIEW OFFICE DUTIES AND RESPONSIBILITIES

The Independent Review Officer manages the staff of the Independent Review Office. The

Independent Review Officer (IRO) is given autonomy and performs the following duties under the

supervision of the POC:

1. The IRO receives all citizen complaints directed against APD and any of its officers. The IRO

reviews the citizen complaints and assigns them to be investigated by the IRO independent

investigators or APD Internal Affairs.

2. The IRO oversees, monitors, and reviews all of those investigations and makes findings for each

case.

3. The IRO makes recommendations and gives advice regarding APD policies and procedures to the

POC, City Council, APD, and the Mayor.

4. The IRO uses an impartial system of mediation for certain complaints.

5. The IRO monitors all claims of excessive force and police shootings and is an ex-officio member

of the City of Albuquerque Claims Review Board.

6. The IRO ensures that all investigations are thorough, objective, fair, impartial, and free from

political influence.

7. The IRO maintains and compiles information sufficient to satisfy the POC’s reporting

requirements.


INDEPENDENT REVIEW OFFICER

ROBIN S. HAMMER, ESQ. was selected as the top candidate by the POC for the Independent Review

Officer (IRO) position, appointed by the Mayor, and confirmed by the City Council by a unanimous

vote as IRO in the late summer of 2012. Ms. Hammer assumed the position as IRO in September 2012.

After becoming IRO, Ms. Hammer joined the National Association of Civilian Oversight of Law

Enforcement (NACOLE), which is a non-profit organization that brings together individuals and

agencies working to establish or improve oversight of police officers in the United States. In 2013, Ms.

Hammer was an active member of NACOLE’s Professional Standards Committee. In the Professional

Standards Committee, Ms. Hammer worked with other Police Oversight professionals across the country

to enhance the practice of civilian oversight by providing resources to NACOLE members and the

public to better understand existing and emerging models of oversight, to provide training opportunities

for oversight practitioners, and to identify good practices employed by oversight agencies across the

country. Ms. Hammer also successfully completed Los Angeles Police Department’s week-long Police

Performance Audit course. There Ms. Hammer learned how to conduct performance audits of police

practices in order to make suggestions for improvements to systemic police policies and procedures.

Prior to her assuming the position as IRO, she served as a Senior Investigative Trial Counsel for the

New Mexico Judicial Standards Commission for approximately two-and-a-half years. At the Judicial

Standards Commission, Ms. Hammer investigated and prosecuted complaints of ethical misconduct

against New Mexico judges statewide. In 2011, Ms. Hammer was responsible for the prosecution of

judicial misconduct cases which resulted in the removal or resignation of eleven New Mexico judges.

This number was approximately one-third of all judge resignations/removals nationwide for 2011.

Ms. Hammer also has more than 17 years of criminal prosecutorial experience. She has previously

worked as Deputy and Assistant District Attorneys in the Farmington, Santa Fe, and Bernalillo County

District Attorney’s Offices. Ms. Hammer has prosecuted all types of cases, including violent, gang,

property, and white collar crimes. At the Bernalillo County District Attorney’s Office, she was in

charge of the Organized Crime and Public Corruption Division. There she worked with the United

States Secret Service and members of the Federal Financial Crimes Task Force to convict several groups

of organized criminals. In 1995, the New Mexico Prosecutor’s Section awarded her with the Legal

Impact Prosecutor award for her work on a complex DNA serial rape case and a death penalty murder

case. She served on the New Mexico Supreme Court’s Criminal Procedure Rules Committee and the

Court’s Joint Committee Regarding Sealing of Court Records. Ms. Hammer earned a Bachelor of Arts

degree in theater at Indiana University in Bloomington, Indiana. She also graduated cum laude from

Indiana University School of Law in Bloomington. Ms. Hammer worked at the Santa Fe Opera prior to

her career in the law.

2013 IRO COMMUNITY OUTREACH

The Independent Review Officer sought to expand the Office’s outreach efforts to the Community with

the assistance of the newly-formed POC's Outreach Committee. The IRO and the POC Outreach


Committee created and reviewed Outreach materials for use at public presentations to explain the Police

Oversight system. This included revisions of a brochure, creation of a PowerPoint presentation of

process, and the writing of FAQs. The IRO placed the FAQs on the IRO website for easy public access,

which may be found at: http://www.cabq.gov/iro/frequently-asked-questions.

Once the POC Outreach Committee concluded its work to modify outreach materials, the IRO and

POC began a series of public engagements to explain the function of the IRO and POC to var ious

c iv ic groups. In October 2013, the IRO met with City-Wide gathering of Neighborhood Watch

Captains to explain the process for Police Oversight. The attendees then took that information back to

their respective Neighborhood Watch meetings.

EXECUTIVE SUMMARY FROM THE IRO

I, as Independent Review Officer (IRO), and my staff, made great strides in 2013 to improve the

efficiency and transparency of the Independent Review Office. These efforts have improved the IRO’s

practices and procedures to provide thorough and independent investigations into Citizens’ complaints

filed against the Albuquerque Police Department (APD). I also worked with APD’s staff to better

define and advance the IRO’s role in reviewing and presenting Officer-Involved Shooting cases to the

Police Oversight Commission. Through numerous conversations and collaborations with the

community, Albuquerque Police Department, Police Oversight Commission, Mayor’s Office and City

Council, I have established priorities and plans of action to enable us to meet our goals establishing

more transparent police oversight of APD, holding APD more accountable, as well as building more

trust between the public and APD. Below is an outline of some of the IRO’s improvements and

accomplishments for 2013.

OFFICER-INVOLVED SHOOTING REVIEW

As IRO, I recognized that Officer-Involved Shootings (OIS) were of great concern to all citizens of

Albuquerque. Previously, all OIS reviews were presented to a POC subcommittee in a non-recorded

hearing. In contrast, I sought to make my review and findings of Officer-Involved Shootings transparent

and easily accessible to the public. In contrast to my predecessor, I presented all my OIS Findings at the

POC’s monthly open meeting which was televised live and available for viewing on the City’s website.

Also, I initiated providing the POC Commissioners prior to the POC meeting copies of police reports

and other documents for each OIS incident I reviewed. I sought to provide the POC Commissioners

with sufficient information to make a complete review of my Findings and Conclusions in OIS cases. I

began a practice of showing photographs and diagrams from the OIS incident scenes to the POC

Commissioners and public during my OIS presentations to better illustrate and support my Findings. I

also began the practice of requesting members of APD’s Homicide and Criminalistics Divisions who

were familiar with the OIS investigations to be present during my OIS presentations to answer any

questions from POC Commissioners regarding the OIS investigations.

In June 2013, I held meetings with APD officials concerning the role of the IRO at Officer-Involved

Shooting scenes. I provided insight and suggestions to improve APD’s Standard Operating Procedure

(SOP) for the investigation of Officer-Involved Shootings and delineated the IRO’s responsibilities.

http://www.cabq.gov/iro/frequently-asked-questions


This SOP revision has been drafted and is pending review and approval by APD's Chief of Police. In

2013, I met with prosecutors to discuss common concerns and issues between the IRO and the District

Attorney's Office in Officer-Involved Shooting matters. In addition, I have made substantial changes to

the manner in which OIS cases are reported in the IRO’s Quarterly and Annual Reports. These changes

included providing more complete information about OIS cases which I reviewed throughout the year,

as well as providing information about OIS incidents which occurred in 2013. In 2014, I will expand the

analysis of OIS cases and report our findings in 2014.

PROCESS IMPROVEMENTS

I enhanced the appearance and efficiency of the IRO website and the complaint investigation and review

process. A major improvement to the Citizen Complaint procedure was accomplished when I

implemented on-line signatures for Citizen Complaints on the IRO website. Under law, in order to be

valid and fully investigated, a Citizen must sign their Complaint they file against an APD officer. Prior

to January 2013, Citizens could file a Citizen Police Complaint on line through the IRO website, but

could not electronically sign the Complaint (http://www.cabq.gov/iro/police-complaint-form). Prior to

January, the IRO office staff sent all electronically-filed Complaints back to the Citizen to be signed and

mailed in. If Citizens failed to return their signed Complaints, we could not investigate the case because

it would violate the terms of the Police Union Contract. Working with City website staff, I created the

ability for Citizens to electronically sign their Complaints, eliminating the previous burdensome task of

mailing Complaints back to Citizens for their signatures.

I also changed the IRO’s website tabs and links, providing additional information to the public,

including the addition of a link to access APD’s Standard Operating Procedures. Albuquerque Police

Department (APD) employees are required to follow APD's SOPs, which are the rules that govern all

APD employees, including officers. When a Citizen files a Complaint, I, as Independent Review

Officer, review the Complaint, review the evidence and apply the facts to the APD's Standard Operating

Procedures (SOPs) in order to make a determination whether an APD officer failed to follow the

relevant SOPs. Previously, there was not an easily accessible means for members of the public to

review APD's SOPs. I worked with APD's Chief of Police and his staff to implement the placement of

the current versions of SOPs on the City website. In January 2013, APD posted the SOPs on their

website and I placed a link to these on the IRO website (http://www.cabq.gov/police/our-

department/standard-operating-procedures). Now the public can easily find and read the rules which

govern APD employees.

In January 2013, I created the “Job Well Done” form on the IRO website for the public to provide

positive feedback to APD about good work that APD officers and employees have done, and to

recognize APD officers and employees who went above and beyond the call of duty. I developed a

process in which I forward all Job Well Done submissions to APD Administration to pass along the

complements to the employee's Chain of Command, including the Chief of Police. In 2013, members of

the public submitted 166 Job Well Done forms for good work performed by APD employees.

Additionally, I have worked with City staff to implement a process to audio record the POC's Long-

Term Planning Committee meetings to establish a record of that Committee's work. In 2014, I hope to

make these recordings available online for citizen review. I am also working with City staff to place

POC recordings and records on the City's Legistar system, so that the public will have better access to

POC and IRO documents and recordings of meetings.


I, along with my staff, worked to substantially revise the IRO’s Quarterly and Annual Reports. The

project began by working with City-contracted software developer Ed Longhi to implement the

expansion of IRO's database system used to collect data from Citizen Police Complaint investigations.

Mr. Longhi transformed the IRO's previous database system into a comprehensive and user-friendly

system named CIRIS (Complaint Investigation Resolution Information System). Without good data

being collected, the Quarterly and Annual Reports could not have meaningful data to report. After

months of long hours, Mr. Longhi created a new database system which tracks information about

complaints filed by members of the public, Citizen Police Complaints (CPCs), as well as the IRO's

review of Officer-Involved Shootings. This information in this Annual Report is based upon Mr.

Longhi's database.

I also directed the look and overall content of the Annual and Quarterly Reports in an effort to make the

data and information provided be more useful to the public and provide greater transparency for the

system as a whole. I will continue to improve the public’s ability to participate in the oversight process

and increase the amount of information made available to the public.

WORKING WITH THE COMMUNITY AND APD

In 2013 the City saw major changes in leadership at the Albuquerque Police Department. Chief

Raymond Schultz retired on August 2, 2013, and was replaced by Interim Chief Allen Banks, who

remained Chief at the end of 2013. I sought to continue to strive for effective communication with APD

management to facilitate and foster cooperative change. One of the areas in which I worked closely

with APD involved suggestions for changes to APD Standard Operating Procedures (SOPs). I worked

with APD Command Staff to identify critical SOPs which needed revision during the course of 2013.

Through this work, the SOP concerning Resisting Arrest, commonly known as “Contempt of Cop,” was

republished to all officers via APD's SOP computer display system in April 2013. I also worked with

APD to assist in changes to APD's Witness Detention Policy in order to comply with established Tenth

Circuit law. As discussed above, I worked to make substantive changes to the Officer-Involved-

Shooting SOP. In another area, I facilitated communication between APD Violent Crimes Division and

non-APD City employees to provide short-term assistance to witnesses in major crime cases, including

motel housing and food allowances on a short-term basis.

STAFF

In February 2013, I hired a new IRO Investigator, Christopher Davidson. Mr. Davidson brought more

than 10 years of investigative experience to the Independent Review Office. Additionally, at my

request, Chief Administrative Officer Robert Perry approved the creation and funding of an IRO Analyst

position. Subsequent to Mr. Perry's approval, City Council also passed legislation to support an IRO

Analyst position. The Independent Review Officer and the Police Oversight Commission are required

by Ordinance to track trends of relevant police conduct in order to make recommendations for

improvement to the APD Chief of Police. The IRO Analyst tracked data from Citizen Police Complaint

cases into the IRO’s database to better report information about Citizen Police Complaints. The IRO

Analyst also began to collate data to create reports of trends in other police matters, including data

relating to officer-involved shootings.


In September 2013, my staff and I attended the National Association of Civilian Oversight of Law

Enforcement (NACOLE) conference in Salt Lake City. There we attended numerous lectures on the

current practices of Civilian Oversight from practitioners across the nation. Beginning in 2013, I

became a member of NACOLE's Professional Standards Committee, assisting in developing standards

and gathering information to benefit Civilian Police Oversight practitioners worldwide. To learn more

about police performance audits, which are used to review systemic police practices, I attended and

graduated the Los Angeles Police Department Performance Audit Course in October 2013.

LOOKING FORWARD

On May 20, 2013, the City Council passed an ordinance creating the Police Oversight Commission Task

Force (POTF). The POTF held its first meeting on August 20, 2013. The POTF met several times each

month and also held a series of town hall meetings. I attended the POTF meetings and town hall

meetings throughout the fall and winter of 2013. During these meetings, members of the POTF

questioned me about the current practice of civilian oversight in Albuquerque. I also assisted the POTF

by providing documents which explained the IRO and POC's processes and procedures. The POTF’s

recommendations have been included in proposed legislation to overhaul the Commission, which City

Council is scheduled to vote upon in 2014. We await the agreement between the City and the

Department of Justice concerning the DOJ’s recent findings. The DOJ Agreement and the changes to

the POC Ordinance will have a large impact on the scope and nature of the work performed by the IRO

and POC.

CONCLUSION

The Independent Review Office continues to develop strong relationships with City government, the

Albuquerque Police Department, and local citizens. I intend to increase our community outreach efforts

so that we can gauge and improve the community’s trust in the POC and IRO. The citizen feedback I

have gained from my attendance and participation at neighborhood association groups in 2013 has led to

improved community relationships.

I intend to play a positive role in shaping the long-term future of civilian oversight. These

improvements to the format and content of this Annual Report are part of an example of the IRO’s

commitment to engage with the community of Albuquerque, to monitor the progress of the Albuquerque

Police Department, and to bring about positive change. I aspire to communicate openly about the IRO's responsibilities, the IRO's actions, and our perspectives on arising police issues. In the end, I hope to

make the Complaint process and procedure more transparent and effective through establishing better

avenues of communication with the citizens of the City of Albuquerque and ensuring an impartial,

collaborative process in which all persons are treated with dignity and respect.


II. POLICE OVERSIGHT COMMISSION

POLICE OVERSIGHT COMMISSIONERS

DISTRICT ONE:

RICHARD SHINE

Appointed: 08/20/12

Term Ends: 02/01/15

Mr. Richard S. Shine received his BA and MA Degrees in

International Politics from Columbia University. Mr. Shine went on

to receive JD and LLM Degrees from the Georgetown Law Center.

He has been an Assistant US Attorney in both Washington DC and

Albuquerque. Mr. Shine has had an impressive career with the US

Department of Justice as the Chief of the Multinational Fraud

Branch, Trial Attorney for the Environmental Enforcement Section,

Senior Legal Advisor for the General Litigation and Legal Advice

Section and other posts. Mr. Shine was employed for six years as a

Subject Matter Expert for the Science Applications International

Corporation, helping to train more than 4,000 senior and middle

management police officials from throughout the United States on

the prevention and mitigation of suicide bombing attacks.

DISTRICT TWO:

JONATHAN SIEGEL

Appointed: 05/21/12

Term Ends: 02/01/15

Mr. Jonathan Siegel is a Principal Architect at Siegel Design

Architects, LLC. Mr. Siegel has a Bachelor of Arts from the

University of California at Santa Cruz, and a Professional Degree

from SCI-Arc in Santa Monica, California. Mr. Siegel has been

featured in the New York Times and in other publications. He is the

recipient of awards at the national, state and local levels, and has

lectured locally and abroad. He has been involved in neighborhood

planning and community issues on an ongoing basis for over 25

years. He is currently a Mediator for Metro Court.

DISTRICT THREE:

JENNIFER BARELA

Appointed: 03/18/13

Term Ends: 02/01/16

Ms. Jennifer L. Barela received her Juris Doctor from the University

of New Mexico School of Law. During her time in the UNM School

of Law, she served as Vice President of the Mexican American Law

Student Association and as a board member for the University of

New Mexico School of Law Innocence & Justice Project. She started

as a Law Clerk for the Federal Public Defenders, after which she

moved to being an Assistant Public Defender in the state’s Public

Defender Department. She moved to the Juvenile Division in the

same department after a year, and then moved again to the Felony

Division. Currently, she is an Associate at the Law Office of Marcus

Garcia, a position in which she represents clients charged with

felonies ranging from fourth degree to first degree.


DISTRICT FOUR:

JEFFREY PETERSON

Appointed: 01/23/13

Term Ends: 02/01/16

Mr. Jeffrey A. Peterson has over 17 years of civil engineering

experience, most recently as the Senior Civil Engineer for Chugach

Management Services, JV. He is responsible for the design, review,

management and construction of small to large projects for the US

Air Force at Kirtland Air Force Base (KAFB). Projects under his

direction include roadway construction, airfield construction, utility

construction and repair, anti-terrorism/force protection construction,

creation and maintenance of the KAFB base-wide 5-year Master

Paving Plan, as well as civil support for new building design,

construction and renovation projects throughout the base. He is

familiar with the Department of Defense design requirements. In

addition to his professional experience, he has served on a Crash

Survey Team, and on a Vulnerability Assessment Team Anti-

Terrorism Working Group. He has his Bachelor of Science degree in

Civil Engineering from the University of New Mexico, and has

special security clearance.

DISTRICT FIVE:

VACANT

DISTRICT SIX:

DAVID M. CAMERON

Appointed: 04/16/12

Term Ends: 02/01/14

Mr. David M. Cameron is a Pastor at the Immanuel Presbyterian

Church. Mr. Cameron received his Bachelor of Arts in Zoology from

the University of North Carolina (Chapel Hill), his Master of

Divinity (Graduated with Distinction) from the Columbia

Theological Seminary and his Master of Education in Counseling

from East Tennessee State University. Mr. Cameron has also served

as a Marriage and Family Therapist and has extensive knowledge on

how to approach difficult issues with impartiality and sensitivity to

emotional content. Currently, Mr. Cameron serves on the

Metropolitan Homeless Project as one of the Board of Directors.

DISTRICT SEVEN:

RICHARD SOBIEN

Appointed: 04/04/11

Term Ends: 02/01/14

VACANT as of August 2013

Mr. Richard Sobien works in the Pharmaceutical Industry as a

Quality Assurance Analyst. In his position, Mr. Sobien is required to

make sure that the manufacturing process is in compliance with the

FDA, EMEA regulations and he participates in investigations when

deviations occur. Mr. Sobien obtained a BS in Biology, with a Bio-

Medical emphasis from New Mexico Institute of Mining and

Technology. Mr. Sobien served on active duty in the US Army from

1993 to 1997.

DISTRICT EIGHT:

DR. CARL FOSTER

Appointed: 01/23/13

Term Ends: 02/01/15

Dr. Carl G. Foster received his Bachelor of Science degree in

Elementary Education from Concordia University, his Master's

degree in Physical Education from the University of Northern

Colorado, a second Master's degree in Special Education, and his

Doctorate of Education from the University of Arizona. He began his

professional career as an educator for Farmington Municipal School.


He was a Deputy Chancellor for the Department of Energy at New

Mexico Tech in Socorro. After his time with New Mexico Tech, he

went on to work as the Manager of Curriculum Development and

Evaluation at the Department of Energy Emergency Operations

Training Academy at Kirtland Air Force Base. Currently, he is an

Adjunct faculty member at the New Mexico Highlands University.

He is a Commissioner on the New Mexico Public School Capital

Outlay Advisory Board, a Board Member for Selective Service, and

has served as a Commissioner for the New Mexico Commission on

Higher Education. He served as a Reserve Deputy Sheriff for the San

Juan County Sheriff's Department.

DISTRICT NINE:

WILLIAM BARKER

Appointed: 01/23/13

Term Ends: 02/01/16

Major William Barker enlisted in the Marines in Bellingham,

Washington in 1965. He served with the Marine Corps until 1990, at

which time he retired from the service to work in education. He has a

Bachelor of Arts degree in Psychology and a Master’s degree in

Counseling. He began as a JROTC Instructor at Eldorado High

School upon his retirement from the Marines in 1990, and worked

with the school for six years. He then moved to La Cueva High

School to serve as the JROTC Instructor in 1996 primarily

instructing high school students in leadership curriculum – a program

which he developed. In 2010, he became the District Military

Instructor for Albuquerque Public Schools, a position in which he

oversees 27 instructors at 14 high schools in the JROTC program. He

creates job descriptions, assists with curriculum development, and

manages a $2.8 million budget.

POLICE OVERSIGHT COMMISSION DUTIES

The Police Oversight Commission is tasked with the following functions:

1. Promote a spirit of accountability and communication between the citizens and APD while improving community relations and enhancing public confidence;

2. Oversee the full investigation and/or mediation of all citizen complaints; audit and monitor all investigations and/or police shootings under investigation by APD’s Internal Affairs;

3. Continue cooperation with APD and solicit public input by holding regularly scheduled public meetings;

4. Review all work of the Independent Review Office with respect to quality, thoroughness, and

impartiality of investigations;

5. Submit periodic reports to the Mayor and City Council;

6. Submit all findings to the Chief of Police;

7. Engage in a long-term planning process through which it identifies major problems and

establishes a program of policy suggestions and studies each year.


POLICE OVERSIGHT COMMISSION TRAININGS

The members of the Police Oversight Commission are encouraged to attend yearly training sessions

offered to assist them in understanding the work of the APD and to better serve the community:

Civil Rights attorney Kari Morrissey made a training presentation to the POC at its regularly scheduled

February 2013 POC Meeting. Commissioners Shine, Siegel, Foster, Barker, Barela, Cameron, and

Peterson attended. Ms. Morrissey’s training included approximately one hour of live lecture and one

hour of self-taught materials concerning federal case law related to the issues addressed.

On March 8, 2013, the IRO staff and Assistant City Attorney John Dubois conducted training for

members of the Police Oversight Commission. Topics included Ordinance and Rules and Regulations,

the Complaint Process, Important Police SOPs, and Robert’s Rules of Order. Commissioners Shine,

Siegel, Foster, Barker, and Cameron attended and became more familiar with the laws and practice of

the POC.

IS

On September 22-26, 2013, Police Oversight Commissioners Dr. Carl Foster and Major William Barker,

along with the Independent Review Officer, Robin Hammer, and IRO Staff Investigators Paul

Skotchdopole, Diane McDermott, and Chris Davidson attended the five-day National Association of

Civilian Oversight (NACOLE) Conference in Salt Lake City, Utah.

On October 24, 2013, a yearly Firearms Training Simulator (FATS) training session was hosted at the

Albuquerque Police Academy. The following commissioners attended the training: Jennifer Barela;

David Cameron; Jeffrey Peterson; Richard Shine; and Jonathan Siegel.

On November 22, 2013, a Civil Rights Training session was held at the Family Advocacy Center.

Attorney Luis Robles presented information regarding the Use-of-Force law, and Attorney Chris Schultz

presented Fourth Amendment Law. The live presentations lasted approximately two hours. Both Mr.

Robles and Mr. Schultz provided another two hours of self-study materials to the Commissioners. The

following commissioners attended the training: David Cameron; Dr. Carl Foster; Jeffrey Peterson; and

Jonathan Siegel. On December 19, 2013, Richard Shine viewed the recorded presentation online. On

December 28, 2013, Jennifer Barela also viewed the recorded presentation online

Police Oversight Commissioners completed Ride-alongs with uniformed Albuquerque Police

Department Officers during 2013: Jennifer Barela (12/17/13); David Cameron (01/29/13); Richard

Shine (03/09/13-03/10/13; 12/14/13-12/15/13); Carl Foster (03/09/13, 03/15/13, 03/23/13); and Jonathan

Siegel (02/01/13; 04/19/13; 07/31/13; 08/02/13; 11/08/13-11/09/13).


POLICE OVERSIGHT COMMISSION MEETINGS

The regular meetings of the Police Oversight Commission (POC) for the City of Albuquerque are held

in accordance with the New Mexico Open Meetings Act (NMSA 1978), Section 10-5-1 through 10-15-

4. All POC members must abide by the POC Rules and Regulations.

Meetings are open to the public and are typically held in the City Council/Commission Chambers,

Albuquerque/Bernalillo County Government Center. The POC may close such meetings and not allow

recording upon proper notice to the public or as otherwise allowed by law.

During 2013, the POC held meetings on:

January 10, 2013

February 21, 2013

March 14, 2013

April 11, 2013

May 9, 2013

June 13, 2013

July 11, 2013

August 8, 2013

September 12, 2013

October 10, 2013

November 14, 2013

December 12, 2013

POLICE OVERSIGHT COMMISSION LONG-TERM PLANNING COMMITTEE (LTPC)

MEMBERS

RICHARD SHINE (CHAIR)

JEFFREY PETERSON (VICE CHAIR)

WILLIAM BARKER

JONATHAN SIEGEL

The Long-Term Planning Committee held meetings on:

March 28, 2013

April 25, 2013

May 23, 2013

June 27, 2013

July 25, 2013

August 22, 2013

September 18, 2013

December 18, 2013

The POC’s Long-Term Planning Committee held public meetings, typically on the fourth Thursday of the

month, in the basement hearing room (Room 160) in the Plaza del Sol Building, 600 Second Street,

Northwest. The LTPC reviewed matters to make policy recommendations to the full POC. The LTPC also

reviewed and made recommendations on the IRO/POC regarding the annual operating budget for the IRO

and the POC.


In 2013, the LTPC discussed the rules for inactivation of CPCs and discussed the budget. The LTPC

recommended to the POC that the POC recommend to the Mayor and the City Council that the IRO travel

budget be increased to pay the expenses of at least five Commissioners to attend the NACOLE Conference

in 2014. Additionally, the LTPC recommended to the POC that the POC recommend to the Mayor and the

City Council the following additional staff for the Independent Review Office: two investigators, two

performance auditors, one Senior Analyst, one Analyst, one Attorney, and one Outreach Director.

2013 PUBLIC OUTREACH COMMITTEE

On March 14, 2013, the Police Oversight Commission created a new committee to assist the IRO to

improve Community Outreach. The Committee on Outreach Programs reviewed brochures, pamphlets, and

PowerPoint presentations to make recommendations to the full POC.

MEMBERS

JONATHAN SIEGEL (CHAIR)

DAVID CAMERON

CARL FOSTER

RICHARD SHINE

The Committee on Outreach Programs held meetings on:

April 11, 2013

May 9, 2013

June 13, 2013

July 11, 2013

August 8, 2013

September 12, 2013

The Committee created a brochure for public dissemination. An existing brochure was used as a basic structure and was built upon, revised and re-issued. The brochure is expected to be made available at all

police substations and the IRO's office and will be available for distribution. The Committee also made

suggestions concerning the Frequently Asked Questions ("FAQs") section of the website. Additionally, the

Committee assisted in revising a PowerPoint presentation which was created by the IRO. The presentation was made

to be suitable for public meetings, presentations to the general public, and for neighborhood associations.


LETTER FROM THE POC CHAIR

The balance among law enforcement stakeholders in Albuquerque is a delicate one. The city

administration, the police administration, the police rank-and-file as represented by the union, and the

public each have an interest to protect, and the system works well only when these interests are kept in

balance. The Police Oversight Commission (POC) was created twenty years ago in an effort to help

maintain this balance.

In the ensuing years fissures have appeared in the ordinance governing the POC. Flaws in the design

have come to light revealing it as inadequate to keep the necessary balance in the system when one or

more of the stakeholders fail to honor the delicate relationship among them and lean too heavily in one

direction.

I was elected temporary chairperson of the Police Oversight Commission in February 2013 and the

regular chairperson the next month for a term of one year. That year was completed on March 13, 2014,

three days prior to the shooting of Mr. James Boyd, which galvanized public opinion and which has

precipitated many proposed changes to the culture and practice of law enforcement in Albuquerque. My

two-year term as a Commissioner representing District 6 also expired at the March meeting.

Over the past year, we on the POC did our best as citizen volunteers to accomplish the tasks appointed

to us under the ordinance. Among our accomplishments were as follows:

• Advocated for and saw the hiring of a part-time analyst for the Independent Review Officer’s staff to

begin looking at long-term trends in policing.

• Instituted an Outreach Committee that developed materials for the public to help broaden the public’s

understanding of the police oversight process. These included a printed pamphlet, a “Frequently Asked

Questions” document, and a slide presentation suitable for civic clubs, school groups and other such

public venues.

• Underwent civil rights training regarding the Fourth Amendment of the Constitution particularly

focusing on the use of force.

• Heard presentations from representatives of the Albuquerque Police Department (APD) on Critical

Incident Training and Lapel Video Camera Technology.

• Heard citizen complaints, citizen appeals, and reports of use-of-force incidents.

• Accompanied APD officers on ride-alongs.

• Received training on the APD Firearms Training Simulator.

During the past year the Department of Justice (DOJ) came to investigate possible civil rights violations

by the APD and each of the commissioners was interviewed by DOJ as they gathered information. The

City Council also appointed a Police Oversight Task Force (POTF) to consider the POC Ordinance and


propose changes. POC commissioners were invited to weigh in on this process giving the POTF the

benefit of our experience.

The POTF and the DOJ have issued their reports and the City Council and City Administration as well

as the APD administration are currently sifting through the reports and making changes necessary to

improve the performance and standing of both the POC and the APD in the community.

I am grateful to Councilor Rey Garduño and to Mayor Berry for appointing me as a Commissioner and

allowing me to serve the City of Albuquerque and to my fellow Commissioners for their collegiality

while doing a difficult job. I am grateful to Mr. John DuBois of the City Attorney’s staff for his

assistance in the finer points of Robert’s Rules of Order and for a steadying presence through an

occasionally convoluted process. I especially am grateful for the professional and unbiased way the

Independent Review Officer, Ms. Robin Hammer, and her competent staff do their work making sure

that each citizen complaint against APD is thoroughly investigated and properly addressed.

Respectfully submitted,

David M. Cameron

Chair, Police Oversight Commission


III. OFFICER-INVOLVED SHOOTINGS

In 2013, there were eight closed officer-involved shooting cases in which the Independent Review

Officer presented her Findings to the Police Oversight Commission for review. The IRO office

reviewed and reported on one officer-involved shooting which occurred in 2010, two officer-involved

shootings which occurred in 2011, and five officer-involved shootings which occurred in 2012.

Officer-Involved Shootings Which the IRO Presented her Findings to the POC for Review in 2013

POLICE SHOOTING CASE I-127-11 (Presented to the POC on January 10, 2013)

IRO Hammer presented a summary and her Findings in the case in which Officer E., on February 9,

2011, shot Mr. M., who died of his wounds. This case was received in the IRO office on August 9,

2011. The Albuquerque Police Department completed their investigation on August 8, 2011. The

Albuquerque Police Department Internal Affairs Division completed their review on August 9, 2011.

Below is a summary of the case:

On February 9, 2011, at approximately 8:00 p.m., Officer E. was driving a marked police

car, patrolling in the southeast area of Albuquerque. Officer E. was traveling east on

Kathryn Street, SE. Officer E. saw an older model Toyota Camry with a license plate

issued from the State of Washington. He learned that the license plate on the car was

expired. During the traffic stop, Officer E. ran a check of Mr. M.'s driver's license through

the police computer system. He learned that Mr. M.'s license was revoked under NMSA

1978 Section 66-8-122(G) for a prior Driving While Intoxicated arrest or conviction. Mr.

M. then got out of the car and immediately ran. Officer E. ran in foot pursuit of Mr. M.

Officer E. gave commands to Mr. M. to stop running and to get to the ground. As Mr. M.

fell to the ground, Officer E. immediately heard and saw a handgun fall from Mr. M.'s

person to the ground. Officer E. took a few steps back to gain distance and attempted to

prevent Mr. M., who was in arm's reach of his handgun, from physically fighting with

Officer E. Officer E. drew his handgun and held it in a low-ready position. Officer E.

commanded Mr. M. to stay on the ground and not to touch the gun. Mr. M. stood up and

Officer E. commanded Mr. M. to get back on his stomach and to not touch the gun. Mr. M.

leaned over and picked up the handgun at his feet. Mr. M. stood up and raised his arms

with both hands on the gun and turned in a counter-clockwise direction toward Officer E.

Officer E. stated that he was not near any cover in the parking lot. Fearing for his life,

Officer E. took a few steps to his left and fired five rounds at Mr. M. Three rounds hit Mr.

M. Mr. M. then dropped his handgun, stood for a few seconds, and then fell to both knees.

He then fell onto his left side. Officer E. switched his radio to the general police channel,

notified dispatch that he had fired shots, and requested emergency rescue personnel be

dispatched to the scene. Mr. M. was taken to the University of New Mexico Hospital

where he subsequently died.


Mr. M.’s handgun was a Glock 40 caliber, model 23C, serial #DTB205, purchased from

Jerry Burns for $550.00 on January 28, 2011. There was no magazine in the weapon and

there was no round in the chamber. Mr. M. had two loaded Glock pistol magazines on his

person. Officer E.’s handgun was a Kimber brand, model Custom TLE/RLII, serial

#K276455, .45 Automatic caliber, with a tactical light attached to the front rail. It was

loaded with Hornady .45 auto +P HP cartridges. Officer E. stated that he had qualified

with the weapon in SWAT day testing, but he had not done the transitional portion of

firearm training with this firearm. He had not submitted an authorization form to his

deputy chief allowing him to use the non-issued sidearm, nor had he supplied the required

50 rounds of ammunition for the weapon being substituted for the issued weapon.

The IRO reviewed APD Procedural Order Section 2-52-3(B)(1), Use of Deadly Force, and APD

Procedural Order Section 2-22-2, Use of Firearm. The IRO found Officer E.’s actions on the Use of

Deadly Force to be EXONERATED, meaning that his actions as applied to this SOP were lawful and

proper, while Officer E.’s actions on the Use of Firearm be SUSTAINED, meaning that sufficient

evidence supports a violation of this SOP. Commissioner Shine moved to approve the Findings of the

IRO. Passed. For: 7 – Cameron, Folk, Francis, Martinez, Shine, Sobien and St. John. Recused: 1 –

Siegel.

POLICE SHOOTING CASE I-170-11 (Presented to the POC on March 14, 2013)

IRO Hammer presented a summary and her Findings in the case in which Officer P., on November 11,

2010, shot Mr. T., wounding Mr. T. Mr. T. survived the gunshot wound. This case was received in the

IRO office on December 12, 2011. The investigation by APD was completed on October 26, 2011.

Internal Affairs completed their review on December 7, 2011. Below is a summary of the case:

On November 11, 2010, at approximately 8:00 p.m., Officers P., M., L. and H. responded

to a call at 1417 Alamo, SE. The dispatcher informed the officers that there was an

intoxicated man who was threatening to harm himself. The officers were given a

physical description of the suicidal man. The officers were informed that the man was

reportedly holding a knife to his throat. The dispatcher also stated that the 911 caller said

that the man had been violent in the past, and that other persons were inside the house

with the man armed with a knife.

As they entered the cramped living room of the small house, Mrs. T. and Mr. T. came out

of the kitchen. Mr. T. was carrying a knife in his right hand and advanced toward the

officers. Mr. T. continued to advance toward Officers P. and M. and still holding the

knife. Mr. T. refused to obey the officers’ commands to “Drop the knife.” After Mrs. T.

finally cleared the area, Officer M. was able to fire his Taser. Only one of the Taser

probes hit Mr. T., the other probe landed on the floor. Therefore, the Taser had no

possibility of completing the electrical circuit and incapacitating Mr. T. Mr. T. came

close to about an arm’s length away from Officer P. Officer P. was in total fear for his

life. Officer P. believed that Mr. T. might stab one of the officers or Mrs. T. In

protection of himself and others, Officer P. fired his pistol. Mr. T. fell to the floor with a

wound to lower left side of his abdomen. An officer handcuffed Mr. T., who was still

struggling. Mr. T. recovered from his injuries. The State of New Mexico charged Mr. T.

with the felony of Assault on a Peace Officer. Officers P. and M. were qualified with

their respective weapons.


The IRO reviewed APD Procedural Order Section 2-52-3(B)(1), Use of Deadly Force. The IRO found

Officer P.’s actions to be EXONERATED, meaning that his actions as applied to this SOP were lawful

and proper, and the shooting found justified. Chair Cameron moved to approve the findings of the IRO.

Passed. For: 6 - Cameron, Barker, Peterson, Shine, Sobien, St. John. Against: 1- Siegel. Recused: 1-

Foster.

POLICE SHOOTING CASE – I-228-11 (Presented to the POC on April 15, 2013)

IRO Hammer presented a summary and her Findings in the case in which Officer P., on August 30,

2011, discharged his weapon, shooting Mr. M. This case was received in the IRO office on February

15, 2012. The shooting occurred on August 30, 2011. The Multi-Jurisdictional Officer-Involved Police

Shooting Team completed their investigation on January 19, 2012. The Albuquerque Police Department

(APD) Internal Affairs Unit completed their review on February 6, 2012. The District Attorney's Office

completed their criminal review on March 25, 2013. Below is a summary of the case:

On August 30, 2011, Detective J. of the Criminal Investigation Bureau received approval

to implement a tactical operational plan to set up surveillance to attempt to apprehend a

robbery suspect, Mr. M. Mr. M. had an outstanding arrest warrant for three separate

armed robberies. On the day of the surveillance, detectives observed Mr. M. exit the

house and retrieve a gym bag or duffle bag from an outside storage room, then head west

away from the house into the open field. Detectives M. and L. identified themselves and

directed Mr. M. to put down the bag. When Mr. M. realized that he was being confronted

by police, he raised the duffle bag and held it and the contents inside of it like one would

hold a rifle. He refused to get on the ground and drop the bag containing the weapon.

Detective M. asked Mr. M. to lower his weapon, but Mr. M. did not comply.

Mr. M.’s girlfriend told the police that Mr. M. had purchased an AK-47 assault rifle the

previous evening. Mr. M. raised the loaded AK-47 rifle towards Detectives M. and L.

As Mr. M. raised the rifle, Officer P. believed that Detectives M., L., the girlfriend, and

nearby residents were in immediate danger of death or great bodily harm. Officer P. fired

his rifle at Mr. M. Mr. M. did not fall down immediately, and appeared to turn. Officer

P. fired a second round, and Mr. M. fell to the ground. Mr. M. died at the scene from his

gunshot wounds. After the shooting, officers obtained a search warrant and found

luggage which contained men’s clothing, toiletries, and ammunition identical to the type

loaded in the AK-47. Officers seized Mr. M.’s AK-47 from the field and found a round

in the chamber and a magazine loaded with 30 additional rounds.

The IRO reviewed Officer P.’s actions and APD Procedural Order Section 2-52-3(B)(1), Use of Deadly

Force. The IRO found Officer P.’s actions to be EXONERATED, meaning that his actions as applied

to this SOP were lawful and proper, and the shooting found justified. Commissioner Foster moved to

accept the findings of the IRO. Passed. For: 7 – Siegel, Barela, Barker, Foster, Peterson, Shine, Sobien.

POLICE SHOOTING CASE I-29-12 (Presented to the POC on May 9, 2013)

IRO Hammer presented a summary and her Findings in the case in which Officer W., on February 14,

2012, discharged her weapon, shooting a dog. This case was received in our office on May 15, 2012.

The APD Internal Affairs Division completed their review on May 15, 2012. Officer P. shot at the dog,

but missed the dog. Below is a summary of the case:


On February 14, 2012, at approximately 7:20 p.m., Officers O., W. and Sergeant P.

responded to a domestic violence call at 1015 Walter, SE. The person who called 911

Dispatch reported that they could hear a woman screaming and a man's fist hitting the

woman. Officers could hear a woman inside the residence yelling. The area was dark

and the only source of light was from within the home. While Officer O. was speaking to

the man on the front porch, Sergeant P. and Officer W. entered the residence to check on

the safety of the woman that the 911 caller described.

As Officer W. and Sergeant P. entered the kitchen, Officer O. informed them that the

man said the woman had run out the back door of the house because the woman had

active warrants for her arrest. Officer W. and Sergeant P. continued through the kitchen

toward the backyard to check on the safety of the woman. The officers could hear a dog

barking in the dark backyard. Officer W. walked in front of Sergeant P. As Officer W.

walked down the steps out the back door, Sergeant P. saw a medium-sized barking dog

charging at Officer W.

Sergeant P. believed that the dog was going to bite Officer W. Sergeant P. fired her duty

weapon at the dog. The dog retreated into its dog house a few feet away. Sergeant P.

requested that an Albuquerque Animal Control employee be called out to check on the

dog's well-being and for a Field Investigator to come photograph the scene. An

Albuquerque Animal Control employee examined the dog. The dog did not sustain any

injuries.

The IRO reviewed Sergeant P.’s actions and APD Procedural Order Section 2-52-3(B)(1), Use of

Deadly Force. The IRO found Sergeant P.’s actions to be EXONERATED, meaning that her actions as

applied to this SOP were lawful and proper. Commissioner Shine moved to approve the findings of the

IRO. Passed. For: 8 – Cameron, Siegel, Barela, Barker, Foster, Peterson, Shine, Sobien.

POLICE SHOOTING CASE I-79-12 (Presented to the POC on August 8, 2013)

IRO Hammer presented a summary and her Findings in the case in which three individuals planned to

drive from Ruidoso to Albuquerque to rob the Catholic Center, which resulted in one of the robbers

being shot and killed as he fled the Catholic Center after the kidnapping and robbery. This case was

received in the Independent Review Office on February 15, 2012. The shooting occurred on January 4,

2012. The Multi-Jurisdictional Officer-Involved Police Shooting Team completed their investigation on

April 27, 2012. The Albuquerque Police Department (APD) Internal Affairs Unit completed their

review on July 16, 2012. The District Attorney's Office completed their criminal review on March 18,

2013. Below is a summary of the case:

On January 1, 2012, Mr. B., Ms. B., and Mr. K. were in Ruidoso, New Mexico, and

discussed traveling to Albuquerque to rob the Catholic Center at 4000 St. Joseph's Place,

Northwest, near St. Pius High School. According to Ms. B., Mr. B. got out of the car

with a backpack which contained duct tape, zip-ties, a ski mask, gloves, a pillow case and

his gun, a .357 Taurus. Mr. B. kidnapped a security guard at the Catholic Center, held

him hostage, and stole a safe from the Center. The security guard managed to contact his

supervisor, who later contacted the police. As Mr. B. was leaving the Catholic Center,

Officer P. saw Mr. B. and chased him across the Center’s grounds. Mr. B. pulled his

revolver and pointed it at Officer P., putting Officer P. in fear for his life. Officer P.


discharged his weapon at Mr. B. Mr. B. also fired his weapon at Officer P. Officer P.

subsequently struck and killed Mr. B.

The IRO reviewed Officer P.’s actions and APD Procedural Order Section 2-52-3(B)(1), Use of Deadly

Force, and APD Administrative Order 3-74-4(A), Use of Bullet-Proof Vest. The IRO found Officer P.’s

actions on the Use of Deadly Force to be EXONERATED, meaning that his actions as applied to this

SOP were lawful and proper. The IRO found Officer’s P.’s actions on the Use of Bullet-Proof Vest to

be SUSTAINED, meaning that sufficient evidence supports a violation of this SOP. Commissioner

Shine moved to approve the findings of the IRO. Passed. For: 6 – Cameron, Siegel, Barela, Foster,

Peterson, Shine.

POLICE SHOOTING CASE I-62-13 (Presented to the POC on September 12, 2013)

IRO Hammer presented a summary and her Findings in the case in which, on August 6, 2012, there was

an undercover operation in which a person selling drugs to an undercover APD officer threatened the

officer with a gun. This case was received in the Independent Review Office on May 15, 2013. The

shooting occurred on August 6, 2012. The Multi-Jurisdictional Officer-Involved Police Shooting Team

completed their investigation on February 8, 2013. The Albuquerque Police Department (APD) Internal

Affairs Unit completed their review on May 15, 2013. The District Attorney's Office completed their

criminal review on May 2, 2013. Below is a summary of the case:

On August 6, 2012, Albuquerque Police Department (APD) Westside Narcotic Detective

S. texted his Confidential Informant, to request the Confidential Informant assist in

locating a drug dealer to sell heroin to Detective S. The Confidential Informant told

Detective S. that Legit and Loca would be able to sell him heroin. Detective S. was in

charge and gave instructions. A person associated with Legit, Mr. C., told Detective S.

that he was Legit's "connect" or supplier of narcotics, and "Legit" worked for Mr. C. Mr.

C. told Detective S. that the heroin would cost $240. Mr. C. asked for the cash and said

that he would leave his cell phone as collateral while he left the car to go get the heroin.

During the encounter, Legit got out of the green car and got into Detective S.' car and sat

in the front passenger seat. Immediately after getting in Detective S.' car, Legit took a

small semi-automatic out of his pocket and put it under his right leg. Detective S. asked

Legit why he brought a gun, to warn the other officers through Detective S.' microphone.

After the transaction Detective S. gave the signal to the arrest team. Legit saw Sergeant

P. through his side view mirror. Sergeant P. was wearing an APD labeled vest. Legit did

not comply with commands given by APD to drop the gun. Detective S. grabbed Legit’s

wrist and a struggle ensued. Sergeant P. discharged his APD issued weapon, striking

Legit, who survived the gunshot wound.

The IRO reviewed Sergeant P.’s and Detective S.’ actions and APD Procedural Order Section 2-52-

3(B)(1), Use of Deadly Force. The IRO found Sergeant P.’s and Detective S.’ actions on the Use of

Deadly Force to be EXONERATED, meaning that their actions as applied to this SOP were lawful and

proper. Chair Cameron moved to approve the findings of the IRO. Passed. For: 6 – Cameron, Siegel,

Barela, Barker, Foster, Shine.


POLICE SHOOTING CASE I-168-12 (Presented to the POC on October 10, 2013)

IRO Hammer presented a summary and her Findings in the case in which Detective W., on September 6,

2012, discharged his weapon, shooting a dog. This case was received in the IRO office on September

26, 2012. The shooting of a dog occurred on September 6, 2012. The Albuquerque Police Department

(APD) Internal Affairs Unit completed their investigation and review on September 25, 2012. Below is

a summary of the case:

On the evening of September 6, 2012, Detective W. was on duty. At approximately 9:00

p.m. Detective W. heard a call over the police radio of a shooting at Eubank and Bell

Avenue, Southeast. Detective W. heard several other police officers respond to the

location of the caller to determine where the shots were fired. Detective W. was in the

area of San Mateo and Central. Detective W. notified dispatch that he would assist with

this call and drove to the area of the investigation. Detective W. drove with the spotlight

on in search of the shooter. Detective W. saw a garage door open with lights on.

Detective W. observed a man in the garage and asked to talk to him. The man said “let

me get my dog.” The dog ran towards the detective with his tail straight and sprinted

towards Detective W. Detective W. stepped back, un-holstered his weapon. The Pit Bull

growled and Detective W. feared the dog was going to attack. Detective W. fired one

shot and then fired two more times, striking and killing the dog.

The IRO reviewed Detective W.’s actions and APD Procedural Order Section 2-52-3(B)(1), Use of

Deadly Force, and APD Procedural Order Section 1-39-2(B), Recording Incidents. The IRO found

Detective W.’s actions on the Use of Deadly Force to be EXONERATED, meaning that his actions as

applied to this SOP were lawful and proper. The IRO found the allegation of failing to record the

incident to be SUSTAINED, meaning that his actions as applied to this SOP were improper.

Commissioner Peterson moved to approve the findings of the IRO. Passed. For: 7 – Cameron, Siegel,

Barela, Barker, Foster, Peterson, Shine.

POLICE SHOOTING CASE I-154-12 (Presented the POC on November 14, 2013)

IRO Hammer gave a summary and her Findings of the case in which Detective H., on April 18, 2012,

shot Mr. A. after Mr. A. pointed an assault rifle at Detective H. Mr. A. survived his gunshot wounds.

This case was received in our office on November 15, 2012. The Multi-Jurisdictional Officer-Involved

Police Shooting Team completed their investigation on or about July 20, 2012. The Albuquerque Police

Department (APD) Internal Affairs Unit completed their review on November 15, 2012. The District

Attorney's Office completed their criminal review on July 3, 2013.

On April 18, 2012, Mr. A. arrived at Brentwood West Apartments. Mr. A. was in a dispute with

Mr. W. Mr. A. returned on April 19, 2012, with a rifle, discharging his rifle. Mr. A. did not

strike anyone when discharging his rifle. Mr. A. returned a third time with his rifle. Neighbors

called the police. Residents described Mr. A.’s long gun as a shotgun, an assault rifle or an Uzi,

but all agreed it was a long gun.

Detective H. was nearby and came upon the three individuals. Detective H. shouted commands

to Mr. A. to get on the ground. Mr. A. pointed his rifle at Detective H. Detective H. fired two

shots which did not affect Mr. A. Detective H. fired two more shots, striking Mr. A. The

Detectives took the rifle away from under Mr. A. and found the magazine in his pocket. Officers


determined that Mr. A.’s rifle was a semi-automatic .22 caliber rifle with a magazine loaded with

bullets. There was one live round of ammunition in Mr. A.’s rifle at the time he pointed it at

Detective H. Mr. A. survived his gunshot wounds.

The IRO reviewed Detective H.’s actions and APD Procedural Order Section 2-52-3(B)(1), Use of

Deadly Force, and APD Procedural Order Section 1-39-2(B), Recording Incidents. The IRO found

Detective H.’s actions on the Use of Deadly Force and Recording Incidents to be EXONERATED,

meaning that his actions as applied to these SOPs were lawful and proper. Chair Cameron moved to

approve the findings of the IRO. Passed. For: 6 – Cameron, Siegel, Barela, Barker, Foster, Peterson.

Officer-Involved Shootings Which Occurred in 2013

Figure 1: Locations of officer-involved shootings which occurred in 2013.

There were eight officer-involved shootings in 2013. In addition to reviewing and reporting on officer-

involved Shootings to the Police Oversight Commission, the Independent Review Officer or her IRO

designee responded to the scene of every OIS incident within a short time after the shooting took place

to observe the actions of APD and the Multi-Jurisdictional Officer-Involved Shooting Task Force

Members.

Incident date Subject Officer(s) Fatal/Non-Fatal Location

03/05/2013 Mr. C. P. Officer S, P, & A Non-Fatal Louisiana and Menaul

03/19/2013 Mr. K. C. Officer H and

NMSP officer

Non-Fatal-APD

(Fatal shot by NMSP)

13000 Constitution NE

07/05/2013 Mr. V. W. Officer B,

Officer W

Fatal San Mateo and Montgomery


10/26/2013 Mr. C. C. Multiple officers

involving (6)

APD and BCSO

deputies

Fatal Fourth and Montano

10/28/2013 Mr. J. O. Officer P Non-Fatal Central and Washington

11/15/2013 Mr. B. G. Officer R Non-Fatal 4400 Montgomery NE

12/01/2013 Mr. S. S. Officers M, M, &

E

Non-Fatal Wyoming and Northeastern

12/08/2013 Mr. A. S. Officer M Fatal Mesa and Gold

IV. CITIZEN POLICE COMPLAINTS

(CPCs)

Any person may file a written complaint against APD officers or any of its employees. All complaints

must be signed. The IRO website contains an electronic complaint form. Written forms may be

obtained at the IRO office and all APD substations or facilities.

Written Complaints may be sent to:

IRO’s website: www.cabq.gov/iro

IRO office at Room 813, Plaza del Sol, 600 2nd Street NW (8th Floor)

Mail completed complaint forms to: PO Box 1293, Albuquerque, NM 87103; or

Any APD substation or facility

CPC INVESTIGATION AND REVIEW PROCEDURE

1. When the Independent Review Officer (IRO) receives a written complaint, the complaint is entered into the IRO’s case management database and assigned a Citizen Police Complaint (CPC) number.

2. The IRO reviews the complaint for jurisdiction and then assigns the case to an IRO investigator or APD Internal Affairs Division to investigate.

3. Upon completion of the investigation, the Independent Review Officer reviews the investigation for thoroughness, impartiality, and fairness.

4. The Independent Review Officer makes findings and conclusions based on the evidence developed in the investigation as to whether the alleged misconduct violates the rules governing APD employees’ conduct

called Standard Operating Procedures (SOPs). The Independent Review Officer writes a draft letter to the

person who filed the complaint, outlining her findings and conclusions.

http://www.cabq.gov/iro


5. The Albuquerque Police Department’s administration, including the officer's supervisors and the Chief of Police, review the IRO’s letter containing the findings and conclusions.

6. The Police Oversight Commission then reviews the IRO’s letter containing the findings and conclusions. If Chief of Police and the IRO agree on the findings and the POC concurs, the letter is sent by certified

mail to the person who filed the complaint;

If Chief of Police disagrees, the POC decides the matter after hearing both sides.

7. If the person who filed the complaint is dissatisfied with the findings, they may appeal the decision to the Police Oversight Commission. Appeals are to be heard during POC’s monthly meetings, which are

televised and open to the public.

8. The Chief of Police has sole disciplinary authority over APD personnel for findings of misconduct,

including findings of misconduct made by the IRO.

COMPLAINT DISPOSITION STANDARDS

The IRO makes findings regarding alleged misconduct based upon APD's Standard Operating

Procedures (SOPs). The Independent Review Officer bases her findings on a preponderance of the

evidence. A preponderance of the evidence means that one side has a greater weight of evidence that

is more credible and convincing than the other side. If the credible evidence is 50-50, the proper

finding is Not Sustained. The IRO makes the following types of findings:

Sustained – It was determined that an APD employee committed the alleged violation.

Not Sustained – It cannot be determined if an APD employee committed the alleged violation.

Exonerated – The APD employee was justified in taking the course of action alleged and/or was

operating within the guidelines of the law or SOPs.

Unfounded – The APD employee did not commit the alleged violation.

Inactivated – The complaint was closed for lack of jurisdiction or a satisfactory informal resolution.

INACTIVATION AND DISMISSAL OF CITIZEN POLICE COMPLAINTS

A. The IRO, with the approval of the POC, may inactivate or dismiss CPCs.

B. Complaints may be inactivated for any one of the following reasons:

1. The complaint was not filed within 90 calendar days of the incident. In counting the number of days, the day of the incident is not counted, regardless of the time of day. The day after the incident is the first day.

2. The officers complained about are not APD officers. 3. The officer is deployed for military duty for an extended period of time. 4. If, after thorough investigation, the officer involved in the alleged conduct cannot be identified. 5. The complaint was successfully mediated, either formally or informally. 6. The citizen withdrew the complaint. If the IRO determines the complaint is too serious to ignore, the complaint may be investigated even if the citizen attempts to withdraw it.

7. The complaint contains no allegations of facts that would constitute a violation of Standard Operating Procedures.


8. In a minor case, after a preliminary investigation, there are no violations of Standard Operating Procedures found.

9. Allegations concerning the perjury of officers during testimony in court. These are determinations to be made by the court or District Attorney.

10. Complaints of criminal action by the officers. Criminal cases may be investigated first as a criminal matter and after the criminal investigation is completed, the CPC may be reopened.

11. The IRO/POC determines the complaint is frivolous on its face or is being brought for the purpose of harassment.

12. The IRO/POC determines that the complainant has mental health issues and is unable to comprehend the situation. In this case, CIT may be asked to evaluate the complainant prior to the complaint being

fully investigated.

13. The IRO/POC may require the full investigation of a complaint before inactivating it. The complaint may also be referred to the Internal Affairs for them to conduct an internal investigation. (Added and

amended 9/14/06)

CITIZEN POLICE COMPLAINTS (CPCs) DATA & STATISTICS

YEARLY

STATISTICS

2010 2011 2012 2013

Total Complaints

Received

273 254 261 259

Inactivated

Complaints

124 163 124 131

Resolved

Complaints after

Full

Investigations

And Findings

127 117 71 84

Appealed Cases 13 8 6 6

Table 1: Case Summary and Status of All Complaints Received and Complaints Investigated in

2013.

The number of complaints received by the Independent Review Office in 2013 reflected a 0.8% decrease

in complaints compared to 2012.


In 2013, the IRO received an average of 22 CPCs per month. The three IRO Investigators were each

assigned an average of 67 Citizen Police Complaints (CPCs). At the end of 2013, the IRO had 173

pending complaints. Pending cases include cases that have been fully investigated and are awaiting

review of the IRO, APD Chain of Command, or Police Oversight Commission.

IMPORTANT INFORMATION CONCERNING THE STATISTICS BELOW

The statistics below are separated into two separate categories for purposes of clarity. The first section

presents data regarding Complaints RECEIVED during the calendar year of 2013. The IRO completed

investigation and findings in 2013 for cases which were filed in 2013, as well as Complaints filed in 2012.

This leads to the second category of information: Complaints which were REVIEWED in 2013. The

REVIEWED category is further broken down into: 1) closed cases which have been fully investigated and

2) inactivated cases which were not fully investigated for the reasons discussed below, which included

informal resolution of the complaint, or the lack of jurisdiction to investigate the complaint.

COMPLAINTS RECEIVED IN 2013

Figure 2: The number of complaints received by the Independent Review Office for the years from

2009 to 2013. During the past five years, the IRO has received an average of 263 Citizen Police

Complaints (CPCs) per year.



Figure 3: August shows the highest number of alleged misconduct reported in 2013.

16 16

2224

28

2123

29

1213

1615

Month Alleged Misconduct Occurred for CPCs Received in 2013

Figure 4: August was the month in which the most CPCs were received.



Figure 5: Tuesdays and Wednesdays show slightly higher rates of alleged misconduct compared to

infractions throughout the week.

Figure 6: The highest number of complaints reported in 2013 was alleged misconduct between the hours

of 9am and 3pm.


ALBUQUERQUE POLICE AREA COMMANDS

Figure 7: The IRO office received 197 complaints with an identified APD Area command in 2013.

There were 62 complaints with unidentified incident location (includes CPCs with alleged

misconduct of officers in multiple locations, telephone conversations, undetermined location,

general complaints on APD). The highest number of alleged misconduct in known areas occurred in

the area of the North East area command.


ALBUQUERQUE CITY COUNCIL DISTRICTS

Figure 8: There were 259 complaints received by the IRO in 2013, 56 complaints did not have

known location of alleged misconduct. Unknown districts include complaints referring to phone

encounters, unspecified incidents, addresses without district, or complaints without incident

information.


NEIGHBORHOOD ASSOCIATIONS and LOCATIONS

In 2013, CPCs were received from persons living in the below listed neighborhood associations and

locations. The neighborhood associations are categorized by City Council District.

City Council

District 1:

Neighborhood Association: S.R. Marmon; West Bluff; Vista Magnifica;

Taylor Ranch; Vista Grande; Los Volcanes; Ladera Heights; Sanchez

R&J; Santa Fe Village; Tres Volcanes

Location: Detention Center; Bernalillo County Metropolitan Court;

Cottonwood Mall area; North Valley area

City Council

District 2:

Neighborhood Association: Silver Hill; South Broadway; West Park;

Santa Barbara-Martineztown; Summit Park; Los Griegos;

Sycamore/University Neighborhood; Wells Park; Citizens IMP

Community of Martineztown; Sycamore; Sawmill; Greater Gardner;

University Neighborhood; Wilson No. 2; Spruce Park; Raynolds

Addition; Westside/Atrisco Grant; Barelas

Location: Downtown Albuquerque; Prisoner Transport Center; UNM

Hospital; UNM Campus; West side Addition; Huning Castle; Nob Hill

City Council

District 3:

Neighborhood Association: Anderson Hills; Anderson Heights;

Copperwynd; Westgate Heights

Location: Westside

City Council

District 4:

Neighborhood Association: Del Norte; Nor Este; Vineyard Estates;

Academy Acres North; Sandia

Location: Del Norte; Nor Este

City Council

District 5:

Neighborhood Association: Tuscany; Paradise Hills Civic Association;

Piedras Marcadas; Ventana Ranch; Volcano Cliffs; Santa Barbara-

Martineztown

Location: Cottonwood Mall; Cibola High School

City Council

District 6:

Neighborhood Association: La Mesa; South San Pedro; Southeast

Heights; Silver Hill; University Heights; Highland Business; Granada

Heights

Location: Nob Hill; Larry Miller Auto Dealership; University area;

Cesar Community Center; Sunport Municipal Addition; South San Pedro

City Council

District 7:

Neighborhood Association: Alta Monte; Altura Addition; Bel-Air NHA;

Highland; North Eastern Association

Location: Uptown; Stardust Skies Park; Netherwood Park


City Council

District 8:

Neighborhood Association: Glenwood Hills South Casa Grande

Location: San Gabriel; Osuna; Enchanted Park; Snow Heights

City Council

District 9:

Neighborhood Association: Sandia Vista; Los Campos; Uptown Progress

Team; Canyon Acres

Location: Princess Jean Park; Monterey Manor; East Central Businesses;

Gallagher Addition; Royal Heights; Towne Park Plaza; Singing Arrow

GEOGRAPHIC DISTRIBUTION OF COMPLAINTS RECEIVED IN 2013

Figure 9: The IRO office received 259 complaints with addresses in 2013: 216 complainants were

from Albuquerque residents; 32 complainants were residents of cities outside Albuquerque; 11

complainants were from out of state.

Figure 10: The IRO office received 151 complaints with addresses from Albuquerque residents with

known city council districts.


COMPLAINANT DEMOGRAPHICS FOR COMPLAINTS RECEIVED IN 2013

Of the 259 Citizen Police Complaints (CPCs) filed, a majority of complainants declared some or all of

their demographic information in 2013.

Figure 11: The IRO received complaints from 136 Males and 119 Females. There were 4 CPCs with

anonymous complainants.

Male49%Female

51%

Overall Gender of City of Albuquerque Residents in 2013

Figure 12: Based from total population, (545,852), Census from the U.S. Census Bureau, and NM

Bureau of Business and Economic Research; DP-1-Geography-Albuquerque city, New Mexico



Figure 13: There were 231 complainants who provided their date of birth and age. In 2013, the highest

number of complaints received were made by complainants between the ages of 45-49. There were 28

complainants who did not provide their date of birth.

1.75% 1.73%2.20%

2.70%

3.68%

5.32%6.19%

6.83% 6.93%6.35%6.48%

7.12%

8.06%7.74%

6.80%

85andover

80to 84

75to 79

70to 74

65to 69

60to 64

55to 59

50to 54

45to 49

40to 44

35to 39

30to 34

25to 29

20to 24

15to 19

Overall Age of City of Albuquerque Residents

Figure 14: Numbers are based from City of Albuquerque total population (545,852), in 2010, data from

the U.S. Census Bureau, and NM Bureau of Business and Economic Research.

0.43% 0.43%0.87%

2.16%

3.90%4.33%

6.06%

10.39%

16.88%

10.82%9.96%

11.26%

12.99%

8.23%

1.30%

85and

over

80-84 75-79 70-74 65-69 60-64 55-59 50-54 45-49 40-44 35-39 30-34 25-29 20-24 15-19

Age of Known Complainants for CPCs Received in 2013



2.46%12.81%

34.48%

3.45%

43.84%

2.96%

Ethnicity of Known Complainants for CPCs Received in 2013

Figure 15: There were 203 complainants who provided ethnicity information. Other ethnicity includes

Middle Eastern heritage. 56 complainants did not declare their ethnicity in the form. There were 5

Asian complainants; 26 African-American complainants; 70 Hispanic complainants; 7 Native-American

complainants; 89 White complainants; and 6 complainants with another ethnicity.

Figure 16: Numbers were based from City of Albuquerque total population (545,852), in 2010, Data

from the U.S. Census Bureau, and NM Bureau of Business and Economic Research.



Figure 17: In 2013, one citizen filed 8 Citizen Police Complaints. A complainant may file more than one

complaint and get assigned a CPC for every incident.

APD OFFICER DEMOGRAPHICS FOR COMPLAINTS RECEIVED IN 2013

In 2013, 184 individual APD officers and employees were identified in CPCs. The following graphs

represent the individual officers named in each CPC. Multiple officers were involved in some CPCs.

The graphs do not represent APD demographics as a whole.

120

29

2

[1 CPC To 1 Officer]



Multiple CPCs to Same Officer Received in

2013

Figure 18: Out of the 259 CPCs received by the IRO, 3 CPCs was the highest number of Citizen Police

Complaints made regarding the same APD officer in 2013.


APD OFFICER DEMOGRAPHICS FOR COMPLAINTS RECEIVED IN 2013

Figure 19: In 2013, complainants were much more likely to make a complaint against male officers.

The IRO received complaints on 149 male APD officers and 35 female APD officers.

6.01%

18.03%16.39%

18.03%

15.30%

12.57%

10.38%

2.73%

0.55%

20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64

Age of APD Officers who were the Subject of Complaints Received in 2013

Figure 20: In 2013, the most number of complaints were against officers who were between 25 and 29

years old. There were 11 CPCs involving officers 20-24 years old; 33 CPCs involving offi

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